KRISHAN KUMAR KATHURIA Vs. INDER KUMAR KATHURIA

JUDGEMENT

(1.) BY this common order, I shall be disposing of an application being I.A. No. 14136/2007 filed by Mr. Krishan Kumar Kathuria, the defendant No. 1 in CS (OS) No. 90/2004 under Section 12 of the Contempt of Court Act, 1971 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') for non -compliance of order dated 10th November, 2004 passed in the civil suit mentioned above as well as the execution petition bearing Ex. No. 400/2008 filed by the said defendant No. 1 in the main suit, who is the petitioner in the contempt application and decree holder herein (hereinafter referred to as the 'decree holder').

(2.) THE brief factual matrix of the case is that the plaintiff in CS (OS) No. 90/2004, who is the respondent in the contempt application and judgment debtor herein (hereinafter referred to as the 'judgment debtor'), filed a suit for recovery of possession and injunction against the decree holder and other defendants. The said suit was filed by the judgment debtor for, among other reliefs, a decree of possession of immovable property bearing No. D -133 (1st Floor), East of Kailash, New Delhi -110065 and in the said suit, a compromise application being I.A. No. 7595/2004 was jointly filed by the parties for recording of the agreement arrived at between them. The relevant terms of the said compromise have been set out in the application. An order was passed by this Court allowing the compromise application on 10th November, 2004 and the time period for compliance of the terms of the settlement/compromise was fixed to be three years i.e. up to 10th November, 2007.

(3.) WITH these facts in the background, the present Execution Petition has been filed by the decree holder requiring the judgment debtor to execute all the documents for transferring his right in the suit property and to hand over vacant and peaceful possession thereof to the decree holder and further prayer is made that as the judgment debtor is not ready to pay the court fee stamp, if leviable, the same be ordered to be adjusted from the amount payable to the judgment debtor.